Leave to File Comment on Motion for Reconsideration

REPUBLIC OF THE PHILIPPINES COURT OF APPEALS Manila THIRD DIVISION

CLARITA A. AGUILAR, Petitioner, - versus -

CA-G.R. SP. No. 120470

FIELD INVESTIGATION OFFICE (FIO) (OFFICE OF THE OMBUDSMAN) and THE SECRETARY OF HEALTH, Respondents. x---------------------------------------------------x MOTION FOR LEAVE TO FILE COMMENT (RE: RESPONDENT FIO – OFFICE OF THE OMBUDSMAN'S MOTION FOR RECONSIDERATION) with MOTION TO ADMIT ATTACHED COMMENT PETITIONER, by undersigned counsel, and to the Honorable Court, respectfully states: 1.

On 17 July 2012, petitioner through counsel received the

Motion for Reconsideration of the 20 June 2012 Decision of the Honorable Court filed by respondent Field Investigation Office (“FIO”), Office of the Ombudsman, dated 10 July 2012. 2.

Petitioner wishes to invite the attention of the Honorable Court

to the obvious vagueness of the relief sought for by movant-FIO in its Motion for Reconsideration. Evident from the Prayer of the said motion, the relief sought for by the respondent is ambiguous as to what extent or in what sense does respondent submits the decision to be reconsidered.

3.

Accordingly, petitioner respectfully moves that her Comment

on the respondent FIO - Office of the Ombudsman's Motion for Reconsideration of the Honorable Court's 20 June 2012 Decision, which she is filing simultaneously herewith, be admitted so as to fully protect her rights and interest in the instant case.

PRAYER WHEREFORE, premises considered, it is respectfully prayed that: (i)

Petitioner be granted leave of court to file her Comment on

the Motion for Reconsideration filed by the FIO; and (ii)

Accordingly, that the Comment, which Petitioner is filing

herewith, BE ADMITTED. Other reliefs just and equitable in the premises are also prayed for. Pasig City for Manila, 01 August 2012.

BENJAMIN C. SANTOS & RAY MONTRI C. SANTOS LAW OFFICE Counsel for Petitioner Clarita A. Aguilar Suite 2304C, West Tower Philippine Stock Exchange Centre Exchange Road, Ortigas Center, Pasig City T: (02) 696-7127 T/F: (02) 696-6982

By:

RAY MONTRI C. SANTOS PTR No. 7577706; 01.17.12; Pasig City IBP Life Roll No. 04981; Quezon City Roll of Attorneys No. 38624 MCLE Compliance No. III – 0020870 – 08.03.11

NOTICE THE CLERK OF COURT Court of Appeals Manila Greetings: Please submit the foregoing Motion for leave to File Comment with Motion to Admit Attached Comment for the consideration and resolution of the Honorable Court immediately upon receipt hereof.

RAY MONTRI C. SANTOS EXPLANATION (Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure) This pleading is being filed with the Honorable Court and served on the other parties by registered mail for reasons of convenience and expediency, personal service being impracticable due to time, distance and personnel constraints. (Please disregard if service has in fact been effected personally).

RAY MONTRI C. SANTOS COPY FURNISHED: FIELD INVESTIGATION OFFICE Office of the Ombudsman Agham Road, Diliman, Quezon City SECRETARY OF THE DEPARTMENT The Legal Department Head, Department of Health San Lazaro Compound, Sta. Cruz, Manila OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo St., Legaspi Village Makati City THE MEDICAL CENTER CHIEF National Center for Mental Health 9 de Febrero St. Mandaluyong City

mag \ aguilar \ m-leave to file comment on mr